Manslaughter verdict in 2005 Ceres slaying

Jurors came out of deliberations Thursday afternoon and convicted Jerry Benge of voluntary manslaughter in the shooting death of Steven Glenn Brown.

Brown, 45, was shot in his home outside Ceres in January 2005. Jerry Benge, related to Brown by marriage, has testified he had a close relationship with Brown's wife, Katherine, saying during the trial they had sex twice in his truck.

According to detectives, Jerry Benge, 49, of Turlock, told them he asked his 30-year-old nephew, Sean Benge, to help him "get rid of" Steven Brown or "cause him serious injury."

Authorities say Sean Benge went into Brown's home, waited for him to arrive, then shot him.

Last week, another jury found Sean Benge, of Turlock guilty of first-degree murder in Brown's death. The Benges were tried simultaneously with separate juries in the same courtroom.

Jerry Benge's five-week trial ended with disgust from Brown's family after the verdict was read. One family member stormed out of the courtroom and another was asked to be quiet by the judge.

Brown's family was hoping for a murder conviction, but the jury found Jerry Benge not guilty of first-degree and second-degree murder.

"He's the one who should fry in prison, not Sean," said Brown's sister. "It's all his fault this happened."

Brown's sister declined to give her name after prosecutors warned her and other family members that speaking with the media could harm their chances for a retrial, she said.

"We respect the jury's verdict," said Deputy District Attorney Carolyn Matzger, but she declined to comment further.

Jerry Benge's voluntary manslaughter conviction carries a minimum sentence of three years in prison and a maximum of 11 years, said his defense attorney, Robert Wildman.

"I know the jury worked hard since they started deliberating on Friday afternoon," Wildman said. "We're pleased with the manslaughter verdict."

Wildman said he empathizes with Brown's family, and he said "it's been volatile throughout the trials. It's a horrible tragedy for this family."

Jerry Benge's sentencing was scheduled for Jan. 6.

Deputy Public Defender Maureen Keller has said her client, Sean Benge, was weakened by drug addiction and felt indebted to his uncle, the only father figure he had known. She said he was bullied by his uncle into attacking Brown.

In 2005, Sean Benge told investigators his uncle told him Brown was abusing his wife and that one of his beatings caused her to miscarry. According to the story, the baby she lost was Jerry Benge's. That story never was substantiated.

Along with the murder conviction, Sean Benge was convicted of a special circumstance -- lying in wait. It carries a maximum sentence of life in prison without the possibility of parole.

Another enhancement -- personal use of a firearm -- means Stanislaus County Superior Court Judge Scott Steffen could add another maximum of 25 years to life to Sean Benge's sentence at a hearing scheduled for Jan. 9.

It's the first time the Stanislaus County courtroom has used two juries, said court spokesman Michael Tozzi, though courts in Sacramento and Los Angeles have used the method.

The benefit is that it allows witnesses to testify once, rather than in two cases. Also, Tozzi said, the judge and attorneys agreed a two-jury solution would be more efficient.

"I felt the dual juries was a total success," Wildman said. "The court was able to handle two matters in separate trials."

Bee staff writer Rosalio Ahumada can be reached at rahumada@modbee.com or 578-2394.

This story was originally published November 21, 2008 at 2:11 AM with the headline "Manslaughter verdict in 2005 Ceres slaying."